New Delhi, Oct 19, 2019-
Singh Brothers — Malvinder Mohan Singh (MMS) and Shivinder Mohan Singh (SMS) — were the lynchpins in the Rs 3,000 crore Religare Group fraud.
The FIR in possession of IANS describes the modus operandi of how the money was siphoned off.
The construct was as follows: The same company was funded with equal or higher amount on the day payment was received from it towards previous dues. In some cases, it appears that ledger entries were done on the earlier dates, but repayments were received on the same day or in a time span of 1-2 days when the same or some other companies were funded.
So, the whole thing assumed a rolling sort of plan, where money came from dues and then repaid elsewhere. It was a calibrated plan which though cut to cut worked like clockwork. Such was the level of chicanery that the two brothers, along with CEO Sunil Godhwani, practised that they deliberately imperiled Religare Finvest so that the money siphoning operation ran without interference.
Here is the architecture: For instance, on June 17, 2009, Rs 34 crore was received in total from Blue Line Finance, GYS Real Estate, Ligare Aviation, Ligare Voyage, Linear Commercial and Sharan Hospitality and on the very same day, Rs 54 crore was funded to Dion Global, Religare Technova Business Intellect and Religare Technova IT Services.
On August 17, 2009, Rs 200 crore was funded and repayment of Rs 100 crore was received from Religare Financial Consultancy. On March 30, 2010, Rs 36 crore was extended to nine companies and on the same day, repayment of Rs 32 crore was received from six other companies except Ligare Aviation from which repayment of Rs 13 crore was received and to which Rs 14 crore was extended on the same day.
On January 31, 2011, repayment of Rs 175 crore was received from Adept Creation, Leon Realtors, SVIIT Softwares and Vectra Pharmaceuticals and on the very next day, i.e. on February 1, 2011, Rs 174 crore was extended to Ligare Aviation, Oscar Investments, Religare Comtrade, RHDFC and RWL Health World.
A copy of the internal report based on inquiries by Religare Finvest, the complainant company, shows the firm’s exposure on account of the Corporate Loan Book (CLB) to the above mentioned related/friendly borrower entities is to the tune of Rs 2,397 crores.
While the aforesaid transactions had been taking place for sometime by way of round-tripping of funds, the loans were purportedly serviced. However, it appears that when the promoters realised that they would lose control over REL and its subsidiaries (including the complainant company), they caused the complainant company to extend loans, but then willfully defaulted on these loans.
Due to the various defaults on account of the CLB, RFL initiated legal proceedings under the Insolvency and Bankruptcy Code, 2016, against these entities in the NCLT. Before the NCLT, seven of the said borrower companies, which had been extended loans under the CLB, filed replies on solemn affirmation which shockingly is an admission of financial fraud, cheating, criminal breach of trust, money laundering, conspiracy and abetment in respect of the subject unpaid unsecured loans/CLB transactions.
While these entities have intentionally tried to give vague replies, it is clear from all their replies that they knowingly were part of a criminal conspiracy to siphon away funds to the tune of hundreds of crores from the complainant company.
It is believed by the complainant company (on the basis of internal inquiries) that five of these entities — A&A Capital Services Limited (A&A), Shri Dham Distributor Pvt Ltd (earlier known as Abhiruchi Distributors Pvt Ltd), Annies Apparel Pvt Ltd (Annies), Gurudev Financial Services Pvt Ltd (Gurudev), and Tara Alloys Limited (Tara) — are related to and controlled by N.K. Ghoshal, the stockbroker of MMS and SMS.
The following submissions have been made by the aforesaid N.K. Ghoshal controlled entities before the NCLT: A&A Capital Services Pvt Ltd. A&A was used as a medium to transfer monies and was promised a fee for facilitating the transaction. It was an agreed understanding that the transaction money will not be demanded back.
It is for the same reason that loans worth several crores were advanced to entities with authorised capital of Rs 5,50,00,000 and paid up capital of Rs 5,49,95,000 without any diligence, security, documentation or security and merely on the basis of a one pager document purportedly called as Memorandum of Understanding. S
Substantial sums were transferred to three entities, i.e., Vitobha Realtors Private Limited (Votobha), Devera Developers Private Limited (Devera) and Best Health Management Pvt Limited (Best), which are entities eventually controlled by SMS and MMS and they act as the alter egos of these companies.
It is evident from the above that A&A admits receipt of money; it admits that since the inception of the transaction, the intention was not to repay the loan to RFL, and conspiracy to divert the loan to third parties which allegedly used the monies to repay their loans to RFL.
As planned in the conspiracy, the loan advanced to A&A was never repaid, and it appears from A&A’s reply that it colluded with entities like Artfice, Best, Vitobha and Devera to siphon away money from RFL, with the intention of never to repay the said unsecured loan and thereby causing a wrongful loss to RFL, which has been deceived and cheated by the directors/persons controlling A&A (which in addition to its directors at the relevant time is believed to be N.K. Ghoshal) and allegedly by and in collusion with persons controlling Artifice, Best, Vitobha and Devera (which in addition to their directors are believed to be SMS and MMS) and persons in control of the management and affairs of RFL, including the erstwhile promoters. (Agency)